When Fang Yi and Zou Daliang walked out of the courthouse, a cold northwest wind blew in the sky, and the cold wind blew across his face like an ice blade, and Fang Yi involuntarily lifted his briefcase to block his face to resist the cold wind. Zou Daliang, who was on the side, shrunk his neck, and was unable to breathe due to the cold wind, so he immediately turned his back.

The verdict of the second instance was both reasonable and a little surprising to Fang Yi.

The court of second instance held that the victim's statement and relevant records confirmed that when Zou Guang pretended to be a staff member who helped the police in handling the case, fabricated reasons to deceive the victim into obtaining his mobile phone, and left the scene of the crime, the victim was aware of it, and did not take advantage of the victim's unpreparedness to escape, and that the first-instance judgment was wrong in characterizing Zou Guang's conduct and should be corrected.

Although the court of second instance corrected the court of first instance's characterization of Zou Guang's criminal conduct, it did not believe that the court of first instance's sentence was unusually heavy, and the sentence in the first-instance judgment was still within the statutory range. In the end, the appellant Zou Guang was convicted of fraud and sentenced to one year and six months imprisonment and a fine of 3,000 yuan.

For Zou Daliang, the sentence of half a day was still one year and six months, but he was just charged with a different crime, but fortunately, he appealed at the suggestion of Fang's lawyer, and finally the court of second instance did not accept the procuratorate's recommendation to increase the sentence.

For Fang Yi, the judgment of the court of second instance is equivalent to affirming his judgment of the case, although the sentencing is not satisfactory, but this is also a helpless thing, how can everything be as desired. The court did not increase the sentence and it was already good.

The cold wind was much lighter, blowing the leaves on the side of the road, and the leaves fell like flying flowers. The temperature was a little low, so cold that passers-by couldn't help but speed up their pace.

Zou Daliang, who looked lonely, walked on the road, his mind was full of regret, and he had forgotten the cold. He regretted that he didn't spend much time with his children when he was young, and he failed to educate his son well after his daughter-in-law passed away, which led to his son Zou Guang finally going down the evil path, and he fell into deep self-blame, even more blame than when Zou Guang was sentenced for the first time.

Fang Yi looked at his slightly curved back, as a father, Fang Yi could feel that he had endured a lot of suffering that he should have endured, but he missed the responsibility he should have beared, pity the parents of the world!

After Fang Yi started the car, he decided to go to see Fang Anzhi on the weekend and accompany him well, and now he suddenly felt that it didn't matter if his son could get into college or not, physical and mental health was the most important.

Fang Yi had just returned to the office, and before he had time to take a sip of tea, Wan Kefa called him into the office.

"Do you always let me see your tea art and taste tea again?" Fang Yi said with a smile.

"Less poor mouth. Serious business. "The universal law.

Seeing the serious face of the fat old man, Fang Yi also put away his smile.

"There is an old client of mine in Tang City, and he introduced a criminal case, and the suspect is his relative. Last night I met with the suspect's brother, who was charged with intentional injury by the prosecutor, and now the case has just reached the courthouse.

Originally, he wanted me to defend his brother, but the lawyer's fee I asked for was too high, so he hesitated and said to go back and discuss. He called me this morning and said he wanted you to defend his brother.

Because you are not a partner, I don't want to ask for too high a price, so I quoted 300,000 yuan. In addition, he paid another 10,000 yuan for travel expenses, which was a lump sum system. Food, drink, housing and transportation are all borne by ourselves. After Wan Kefa finished speaking, he looked at Fang Yi.

300,000 yuan! It's not good to ask for too high a price! Fang Yi swallowed and foamed, this old guy really dares to ask for a price!

"In addition to the 30% deduction of the lawyer's fees in this case, how much more should I give you?" Fang Yi asked.

When people introduce cases for themselves, they have to say that there is a market price in the lawyer's circle, but Fang Yi thinks it may be a bit low, so he asks Wan Ke Fa to mention it. If there is anything to say, it is better to say in the open, and save mutual suspicion.

"Forget it, 30% of the deduction is the team's fee, and my share is exempted. After finishing the case, he thought about inviting me to dinner. Wan Kefa smiled.

"Thank you to the owner! So what...... Have you signed the entrustment procedure? Fang Yi asked. He knew that this was the fat old man taking care of himself, and he was very grateful.

Although the fat old man said this, he felt that it was meaningful, and the other party was not short of money, so he remembered his purple sand tea set.

Wan Kefa really wanted to help him and wanted to make him famous as soon as possible, find a breakthrough for the team, and take the business to the next level. Whether it is opening a law firm or a team, it is like sailing against the current, and if you don't advance, you will retreat.

For so many years, the WAGO team has been focusing on litigation and legal advice, and he originally wanted to push Mr. Song out and hold him up, although Mr. Song's professional ability is not bad, but he is a little unlucky, and he has not done any particularly well-known cases over the years.

It can be said that Lawyer Song belongs to the kind of lawyer who has never shown a big face or has never shown his eyes, and he has always been steady. But it's not good to be too stable, it's not convenient for the team to promote, and you can't find the bright spots.

As for Lao Huang and Ma Yi, Lao Huang is good at the company's business, but he lacks courage and is older.

Ma Yi is obsessed with the activities of saving the majority of married women all day long, which belongs to the subsidiary business of the team, and the team is not mainly based on marriage and family business, so it cannot be the main business.

Other lawyers have a few pillars that can provoke the company's business, and the publicity effect is not bad. But there really isn't a better candidate for the criminal business.

After a period of observation, Wan Kefa felt that Fang Yi was the best candidate, with academic qualifications, cases and cases, and at present, he has a certain degree of popularity in the local area, the difficulty of promotion is small, and the results are fast, and now the main task of the team is to let him do more criminal cases in the province and spread his reputation.

While holding Fang Yi, while leaving Fang Yi, once Fang Yi's reputation rises, there will definitely be peers to poach people, or he will jump ship and do it himself, and now he doesn't do work, he is temporarily cramming, and it doesn't work!

This is also the reason why WAKE Law talked to Fang Yi about applying for a partner some time ago, and he wanted to use the treatment of a partner to retain Fang Yi, for the team, and for Wanhua United Law Firm.

"No, wait until you meet with the other party before signing. The conditions have been negotiated. Wan Kefa smiled.

As he was talking, the phone on the desk rang, and Wan Kefa answered it and hung up the phone.

"Say Cao Cao, Cao Cao will arrive, let's go, let's go upstairs." Wan Kefa smiled.

Upstairs in the conference room, sat a burly man with a belly like a five-month-old baby. When Fang Yi followed Wan Kefa into the conference room, he was on the phone, his voice was very loud, and he could faintly hear what he said outside the door.

"Director Wan, hello." When the man saw Wan Kefa and the two enter the door, he hurriedly hung up his mobile phone and got up to greet him.

"Mr. Wu, this is our lawyer Fang Yi. Lawyer Fang, this is Mr. Wu, the client I just mentioned to you. Wan Kefa introduced.

Mr. Wu looked at Fang Yi and said, "Lawyer Fang, I have admired my name for a long time. I am the general manager of Wu Group, Wu Long, I have seen your introduction, and I have done many well-known criminal cases. ”

As he spoke, he looked at Fang Yi, probably comparing it with the photos on the Internet to see if it was the Fang Yi he had chosen.

Mr. Wu said that the Wu Group actually only has one health center and two small companies, and the main reason for the name of "group" is to feel that there is face to walk outside.

"Mr. Wu, hello. Let's sit down and talk. Fang Yi smiled. Mr. Wu's accent was a bit heavy, which reminded him of Teacher Zhao Lirong.

After the two sides sat down, Wan Kefa said: "Mr. Wu, your brother's case." I mentioned it to lawyer Fang Yi, you can talk about it again. ”

"Actually, I also heard from the company's department manager that I had a drinking party on the day of the accident, and I went to maintain the relationship and was not at the scene. But as far as I know, it was the other party who came to our health center to make trouble, and my brother killed him. Mr. Wu said with wide eyes.

"Why did the other party come to your health center to make trouble? Do you know what the cause of the incident was? Fang Yi asked.

"Hey, peers are enemies, there is a foot massage parlor not far from our health center, you think, we are all doing business on the same street, and it is inevitable that there will be competition.

The one who was killed was a friend of the owner of the foot massage parlor, I asked someone to inquire, and it is said that a few days before the incident, someone reported that the pedicure parlor was involved in pornography and was investigated.

Boss Sun of the foot massage parlor thought that I sent someone to the relevant departments to report them, so he held a grudge. He was afraid that he wouldn't be able to do me, so he took advantage of my absence to smash the field with a group of people.

On the day of the incident, my brother happened to come to the health center, and I don't know how it happened, my brother beat the other party down in the scuffle. Later, I was taken to the hospital for an examination and said that the person was dead. Mr. Wu said.

"Got it, that is, you don't know exactly what happened, what's going on at the scene?" Fang Yi said.

"Yes, I went to find the owner of the foot massage parlor afterwards, and the grandson ran faster than a rabbit, I let people look for it for more than a month, but I didn't find anyone. It's not just me looking for him, it's said that the public security department is also looking for him. Mr. Wu said.

"Mr. Wu, I asked the assistant to prepare the entrustment procedures, and you can talk to Lawyer Wan first. After completing the formalities today, I immediately contacted the detention center and the court to make an appointment for a meeting and to read the case file. Fang Yi said.

"Okay, I'll call the accountant right away and ask someone to call the lawyer's fees." Mr. Wu was crisp and crisp, just do what he said, Fang Yi went downstairs to prepare the entrustment procedures, he called the accountant and asked the accountant to prepare the lawyer's fee.

More than ten minutes later, Zhou Ying followed Fang Yi to the conference room with the formalities and assisted Mr. Wu in handling the entrustment procedures.

"Lawyer Fang, when will you go to see my brother, give me a call, and I'll go with you." After Mr. Wu finished signing, he said.

"I'll contact the detention center right now and make an appointment." After Fang Yi looked at the time, he took out his mobile phone and dialed the contact information of the detention center given by Mr. Wu, and made an appointment for tomorrow morning's meeting before getting off work.

"Lawyer Fang, you are doing things neatly, will you go to Tang City tonight or leave tomorrow morning?" Mr. Wu said.

"I can't leave tomorrow morning, so I'll have to go tonight. No one answered my phone call to the court just now, so I will call the court again tomorrow morning and make an appointment to read the case file. Fang Yi said.

"The court's phone call was the hardest to make, and the lawyer I had called several times before anyone answered." Mr. Wu felt the same way.

"Mr. Wu, I originally wanted to invite you to dinner in the evening, but now it seems that I can only wait for next time." Wan Kefa said with a smile.

"Director Wan, you're polite. If you are free to go to Tang City, call me and I will treat you. Mr. Wu said heroically.

After completing the entrustment procedures, Mr. Wu asked people to book train tickets for Fang Yi and himself, and they all said that the travel expenses were covered before, and they also gave money, and now Mr. Wu asked someone to book train tickets, and Fang Yi was quite embarrassed. Mr. Wu didn't care.

After making an appointment with Mr. Wu to meet at the train station, Fang Yi went home first to prepare business trip supplies.

After nightfall, the tall street lamps emitted a dazzling white light, and the crowd of people commuting on the road was a lot less, Fang Yi took a taxi to the train station.

After Fang Yi followed Mr. Wu into the carriage, his eyes lit up, red seats, spacious carriages, and Mr. Wu booked two business seats.

After the two sat down, Mr. Wu handed Fang Yi a bag of nuts: "Lawyer Fang, my brother depends on you." You don't know, we have two brothers, I don't like to study, I have been crawling in society since I finished high school, and I have come to this point today.

My younger brother is different, he has studied well since he was a child, and now he is in high school, it is the time when it matters, I don't expect to follow him to ascend to heaven, as long as he can be admitted to a good university and have a future career, he will glorify his ancestors.

I don't have much hope, our family is all up to my brother. This case is related to his future, and he must not have an accident, otherwise my parents will have to fall.

So...... Lawyer Fang is all up to you! Mr. Wu said in a low voice earnestly.

"Mr. Wu, I can't give you any guarantees now, but I will do my best, don't worry. After I finish the meeting and read the case file, I will discuss a defense plan with you. Fang Yi said cautiously.

The more Mr. Wu expected of him, the more Fang Yi didn't dare to speak casually, it was a matter of a high school student's fate, and he had to be more cautious. O Alexander!

Mr. Wu helped him book a four-star hotel, and after Fang Yi completed the check-in procedures, the two parties agreed to rush to the detention center early the next morning.

At six o'clock the next morning, Fang Yi got up and washed up, went downstairs to have a buffet breakfast, and soon after the meal, Mr. Wu called him, and the car had arrived downstairs.

Mr. Wu's car was an imported Audi with an estimated value of more than one million, and after Fang Yi got into the car, the driver sent him and Mr. Wu to the detention center.

In the detention center, Wu Wen, who was wearing a vest, was thin and looked very sven, and his eyes flashed with fear and confusion. Fang Yi handed him the entrustment formalities, he glanced at it, signed his name, and returned it.

"What happened on the day of the crime?" Fang Yi asked in a calm tone.

Wu Wen is not deeply involved in the world, but he is more mature and stable than his peers. Fang Yi guessed that this may be related to his brother's "teaching by word and deed", mainly "teaching by example".

"I went to my brother's health center that morning...... Wu Wen lowered his head and told what had happened.

The day of the incident happened to be a Saturday, and he went to the health center to find Master Zhao, who understands traditional Chinese medicine massage and massage to treat his stiff neck. When Master Zhao was massaging his neck, there was a sudden bang at the door, as if something had been smashed.

Wu Wen is also the boss's younger brother, and when there was a strange noise in the store, he immediately ran over, only to see that the beckoning cat at the front desk was already crushed at the feet of Boss Sun of the foot massage parlor.

Wu Wengang wanted to question Boss Sun, but five or six men ran in outside the gate, holding weapons such as baseball bats and watermelon knives in their hands.

A strong man went straight to Wu Wen with a watermelon knife, Wu Wen was stupid at first, and when he reacted, he was stabbed in the arm and leg.

Wu Wen desperately dodged, and the strong man behind him probably felt that he was too young to bully and chased after him, and later in the scuffle, a man with a baseball bat in front was knocked down by the clerk who rushed out of it, and the baseball bat fell at Wu Wen's feet.

Rabbits bite when they're in a hurry, let alone people!

Wu Wen was chased in a hurry, and for a while the blood surged upward, the blood poured into the pupils, picked up the baseball bat under his feet, and slashed at the man chasing behind him, and the man behind subconsciously blocked with the watermelon knife in his hand. Unexpectedly, Wu Wen's strength was too strong and the watermelon knife flew out, and the man wanted to pounce on the baseball bat, but was hit on the head by Wu Wen, and the man fell to the ground on the spot.

When the health center was in chaos, the police arrived to arrest the troublemakers, and the owner of the foot massage shop saw that the situation was not good, and the girl fled through the back door of the health center.

The ambulance arrived immediately and sent Wu Wen and the other injured and the man lying on the ground to the hospital. After rescue, the injured person who was knocked to the ground by Wu Wen died of severe head injury that night. Wu Wen's injuries were minor, and in addition to Wu Wen, there were three other people in the health center who suffered minor injuries.

The public security organs transferred Wu Wen to the procuratorate for review and prosecution on suspicion of intentional injury, and then the procuratorate transferred the case to the Municipal Intermediate People's Court for the crime of intentional injury. After investigation, Wu Wen had just turned 18 a month before the incident, and he was a senior in high school.

Fang Yi pondered for a moment and asked, "Is there any surveillance video in the health center?" ”

"Yes, when the police came, they took away the surveillance footage." Wu Wendao.

"Do you remember who made the first move?" Fang Yi asked.

"At that time, several people rushed in from outside the gate, all holding dicks in their hands, and only me and two male clerks were at the door, and they were the first to move. As soon as they entered, they started smashing things. The clerk and I stopped, and they started beating us, and then the people in the store came out, and the two sides fought. Wu Wen thought for a moment.

"Well, do you have anything you want me to tell your brother?" Fang Yi asked.

Wu Wen shook his head.

"Would you like to get you some clothes, or save some money?" Fang Yi asked in a soft tone. He suddenly found that Wu Wen was quite pitiful, and he was locked up before he entered the society.

"No need, my brother hasn't spent all the money he saved for me before." Wu Wen looked at Fang Yi and asked, "Lawyer Fang, will I be sentenced?" ”

"From what you've said, I think you're probably in self-defense. Of course, whether it is justified defense will not be determined until I go to the court to read the file. I'll see you again when the defense plan comes out.

Don't think too much, the body comes first. Fang Yi said.

After coming out of the detention center, Fang Yi called the court, and after thinking a few times, someone answered the phone, Fang Yi made an appointment with the other party to read the file, and the other party asked him to go to the court at two o'clock in the afternoon to read the file.

At noon, in a restaurant, Mr. Wu invited Fang Yi to dinner.

"Lawyer Fang, how is my brother's matter? Is there any hope? Mr. Wu asked.

"Judging from the current situation, I personally think that your younger brother Wu Wen may constitute legitimate defense, after I finish reading the file in the afternoon, I will go back and analyze it again, and I will call you in two days, and we will discuss the defense plan again." Fang Yi said.

The person concerned can only believe half of what he says, because after being imprisoned, the pressure increases dramatically, the mind may be confused, or even collapsed, and what they say may be very different from the reality.

"Lawyer Fang, the lawyer said before that my brother's case does not constitute legitimate defense, he said that the other party is picking quarrels and provoking trouble, and the main purpose is to smash things, not to hurt people, otherwise the other party will come prepared, and the employees in our health care center will have already laid down several times, and there will be only minor injuries.

In addition, the lawyer also said that after my brother hit the other party's knife, the other party's bare hands no longer pose a threat, and my brother's action of hitting the opponent's head again with a baseball bat constituted excessive defense, which is the crime of intentional injury. Mr. Wu stopped his chopsticks and asked.

"This issue cannot be generalized, and it is also a matter of situation.

Article 20 of the Criminal Law stipulates that a person who takes defensive action against an ongoing violent crime that seriously endangers personal safety, resulting in injury or death to an unlawful offender, shall not be deemed to have acted in excessive self-defense and shall not bear criminal responsibility.

The other party brings someone to your health salon to smash and injure someone in the process, which does not belong to any kind of homicide, robbery, rape, or kidnapping, but may constitute 'assault' and 'other violent crimes that seriously endanger personal safety'. Moreover, there may be a certain overlap in the determination of 'committing murder' and 'other violent crimes that seriously endanger personal safety', and specific analysis is required in specific cases.

In judicial practice, the higher the degree of violence of picking quarrels and provoking troubles, and the degree to which it seriously endangers the personal safety of others, it may be found to be an assault as provided for in paragraph 3 of article 20 of the Criminal Law. However, what the crime ultimately constitutes constitutes in the violation has no impact on the determination of the defender's legitimate defense.

In the afternoon, I will go to the court to read the case file, and after I have analyzed the case, I will give you a final answer. Fang Yi said.

The reading of the case file in the afternoon went smoothly, and after getting a copy of the case file, he didn't dare to show it to Mr. Wu, Lee Myung-bak is a lesson from the past, although he was finally acquitted, but it was not pleasant to be locked inside, and this risk should be avoided.

Early the next morning, Fang Yi came to the law firm with the case file and began to analyze the case and find the relevant precedents of the Tang Intermediate People's Court.

The sleeves of the shirt were rolled up, the top two buttons of the shirt were open, Fang Yi sat slumped in the chair, looking at the scattered case files on the desk and the case materials found, and secretly said in his heart: It seems that the plan to take his son back to his hometown on the weekend is going to be changed.

When it was almost lunch, Wan Kefa returned, followed by Assistant Feng. After a while, Assistant Feng came to Fang Yi and told him that the boss invited him in for tea. Fang Yi agreed, put down the case file in his hand, got up and walked towards the director's office.

(End of chapter)